Steadfast Insurance Company v. Probuilders Special Insurance Company et al

Filing 21

STIPULATION AND ORDER Extending the deadline to complete early neutral evaluation to May 20, 2010. Signed by Judge Samuel Conti on 4/20/10. (tdm, COURT STAFF) (Filed on 4/20/2010)

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1 2 3 4 5 6 7 8 9 10 11 Ramiro Morales 167947 William C. Reeves - 183878 MORALES FIERRO & REEVES 2300 Contra Costa Blvd., Suite 310 Pleasant Hill, CA 94523 Telephone: 925/288-1776 Facsimile: 925/288-1856 Attorneys for Plaintiff UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA STEADFAST INSURANCE COMPANY Plaintiff, vs. PROBUILDERS SPECIAL INSURANCE COMPANY RRG, ET AL. Defendants. ) ) ) ) ) ) ) ) ) ) ) Case No.: CV09-04098 SC STIPULATION TO EXTEND THE DEADLINE TO COMPLETE EARLY NEUTRAL EVALUATION AND ORDER THEREON (SECOND REQUEST) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The remaining parties to this case (Plaintiff Steadfast Insurance Company and Defendant American Safety Indemnity Company) stipulate and agree as follows: WHEREAS, this matter is coverage dispute between insurers involving settled and resolved underlying construction defect matters in which Defendant disclaimed coverage; WHEREAS, the parties agreed to participate in a mediation conducted in connection with an Early Neutral Evaluation ("ENE") with Wayne Lamprey as the mediator; WHEREAS, the Court previous extended the deadline to complete the mediation in light of an expected ruling in another matter involving common issues styled PMA Capital Ins. Co. v. American safety Indemnity Co., Eastern District Case No. 2:08-cv-02258 JAM DAD ("PMA matter"); WHEREAS, while the ruling has issued, scheduling complications have developed that prevented the parties from completing the mediation by the April 16, 2010 deadline; WHEREAS, the parties have confirmed the scheduling of the mediation for May 20, 2010 1 STIPULATION Case No.: CV09-04098 SC 1 2 3 4 5 6 7 8 9 10 11 based on the availability of all necessary parties; WHEREAS, this Court has not yet issued a Scheduling Order regarding any dates in this case such that the May 20, 2010 date selected for the mediation does not impact any pending dates; WHEREFORE, the parties request that the deadline for completing the mediation pursuant to the ENE be extended to May 20, 2010. IT IS SO AGREED Dated: April 15, 2010 MORALES FIERRO & REEVES By: 12 13 14 15 16 17 By: 18 19 20 21 22 23 24 25 26 27 28 2 STIPULATION /s/ William C. Reeves William C. Reeves Attorneys for Plaintiff Dated: April 15, 2010 BLAU AND ASSOCIATES /s/ David S. Blau David S. Blau Attorneys for Defendant American safety Indemnity Co. The Court, the Honorable Samuel Conti presiding, having considered the stipulation of the parties and good cause appearing, orders as follows: The last date to complete the mediation pursuant to the ENE is extended to May 20, 2010. IT IS SO ORDERED UNIT ED S DISTRICT TE C TA Dated: April 20, 2010 RT U O S ER N F D IS T IC T O R Case No.: CV09-04098 SC A C LI DISTRICT COURT JUDGE H FO Judge S amuel C onti R NIA IT IS S O ORD ERED NO RT

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